In Virginia, quitclaim deeds are common for transferring property among close friends and family members. Due to their simplicity, these deeds lack protections for the property recipient (grantee) against potential ownership issues emerging from all past owners and the current owner (the grantor).
State regulations mandate that a quitclaim deed must be in writing, adhere to specific signing and acknowledgment protocols, and employ accurate legal terminology. Familiarize yourself with these essential steps to ensure the proper execution of this legal document.
Legal Framework
Va. Code Tit. 55.1 – Property and Conveyances discusses property deeds, and Va. Code § 55.1-363 provides guidelines for composing a quitclaim deed.
Legal Description
Virginia law does not specify any state-specific language or details necessary for a legal description of the transferred property. Generally, the address, coordinates, metes and bounds, lot and block, government survey system, and unique descriptors of the property will suffice.
Check the previous deed for its legal description and copy it exactly to keep records consistent and ensure the description’s legal validity.
Signing
The following parties must sign a quitclaim deed for the agreement to become legally binding, as stated in Va. Code § 55.1-612:
- The grantor.
- A notary or two witnesses who authenticate the signature.
Terminology
Va. Code § 55.1-363 lays out the specific terminology that quitclaim deeds should use to be clear and legally binding. The document should state that the grantor has or does “remise(d), release(d), and forever quit(ted)claim all his claims upon the said lands to the grantee.”
The words quitclaim (without the space) and quit claim (with the space) are interchangeable. Sometimes, people mistake those terms as “quick claim,” which is an incorrect, informal term.
Additional Documents
You must file a land record cover sheet with any document conveying real estate, including quitclaim deeds (Va. Code § 17.1-227.1). Most counties accept a standard format for a land record cover sheet, but some counties have specific generators. For example, Fairfax Circuit Court has its own cover sheet generator.
In addition to a cover sheet, you may have to complete and file additional documents alongside your quitclaim deed. Please note that including these documents depends on the building’s condition and other circumstances. For example, you may have to complete the following documents:
- Building Code or Zoning Ordinance Violations Disclosure (Va. Code § 55.1-706)
- New Dwelling Disclosure (Va. Code § 55.1-702(B))
- Military Air Installation Disclosure (Va. Code § 55.1-704)
- Septic System Disclosure (Va. Code § 32.1-164.1:1)
Filing
Per § 55.1-407(A), the grantor must file their quitclaim deed with the County Circuit Court Clerk where the property resides.
Validity Requirements
To be considered valid, quitclaim deeds must follow the formatting rules in Va. Code § 55.1-606:
- The form must be the original or a legible copy.
- The paper size should be either standard letter (8.5 x 11) or legal (8.5 x 14).
- The font size should be at least 9 points for readability.
- The print must be in black, blue, or typed ribbon copy.
- The document should include sequential page numbers.
- On the final page, you must add an extra space at the bottom for recording stamps.
The grantor’s and grantee’s last names must be underlined or capitalized during their first mention in the deed, per Va. Code § 17.1-223 (A)(i).
Please note that validity requirements may vary by county. For example, in Norfolk County, only the grantor or a licensed Virginia attorney can prepare a quitclaim deed.
Content Requirements
Include the following information in your quitclaim deed:
- The document preparer’s name and address.
- The grantor’s name and address.
- The grantee’s name and address.
- An explanation of the tax-exempt basis (if applicable), per Va. Code § 17.1-223(A)(iv).
- The consideration the grantee pays for the property (if applicable) and the stated value of the property, per Va. Code § 17.1-223(A)(iii).
- The property’s address and legal description.
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Releases the grantor's property claim to the grantee without any promises about the title's condition or ownership history. |
| Warranty Deed | Lets the grantor promise that they'll defend against all third-party claims. |
| Special Warranty Deed | Lets the grantor promise that they'll only defend against third-party claims emerging from their ownership period. |
| Life Estate Deed | Divides property ownership into two periods: (1) the life tenant's ownership in which they hold and control the property during their lifetime and (2) the remainder beneficiaries' ownership in which they gain control when the life tenant dies. The life tenant must involve the remainder beneficiaries in property-related decisions while the life tenant is alive. |
| Transfer on Death Deed | Similar to a life estate deed, but the property owner maintains full control and decision-making authority during their lifetime. The beneficiaries only have control when the property owner dies. |
